Contract clauses, explained simply
What each clause is for, and what can deprive it of effect, under French law.
Termination clause (clause résolutoire)
A termination clause (clause résolutoire) is the provision under which a contract is automatically terminated when a party fails to perform certain of its obligations, without the need to ask a court to order termination. It is governed by Article 1225 of the French Civil Code, which requires the clause to specify the obligations concerned and, as a rule, a prior formal notice.
Read the pageLimitation of liability clause
A limitation of liability clause is the provision by which the parties to a contract reduce in advance the compensation due in case of non-performance, most often through a cap on damages or by excluding certain types of loss. Valid in principle between businesses, it can be deprived of effect in several situations set by statute and case law.
Read the pageNon-solicitation clause
A non-solicitation clause is the provision by which a party undertakes not to approach the other party’s employees or clients, during the contract and most often for a set period after it ends. It is not defined by statute: its regime rests on freedom of contract and on case law, which reviews its proportionality.
Read the pageKeep your approved clauses in one place
A demo of Docform’s clause library and playbook, based on your contracts.